ZiiP Mobile Application Terms of Service

Definitions:

• Commcar Inc - Commcar is the parent company that developed the backend and full technical architecture as well as the Ziip app.
• Ziip - Ziip is the consumer-facing mobile application.
• Shipper - All users of the Ziip Mobile app can ship as long as they have added a valid credit card.
• Contractors - Users who apply for privileges in the app that allow them to perform delivery tasks a la carte. This can be while on their way to a specific destination or by selecting any task that is available in their home map.
• Management Website - the customer support website that is connected to the Ziip mobile application database and allows Commcar employees to provide services and support to both shippers and contractors.

Introduction

Welcome to ZiiP! The ZiiP mobile application and its related services (collectively referred to as the “Mobile App”) are owned and operated by Commcar Inc. (“Commcar,” “we,” or “us”). These Terms of Service govern your use of the ZiiP Mobile App and other services provided by ZiiP.

Platform Overview

The ZiiP Mobile App (the “Platform”) serves as a matchmaking platform operated by Commcar, connecting individuals or enterprises (“you” or the “Customer”) in need of courier services (“Services”) with third-party independent contractors acting as personal couriers (“Couriers”).

Matchmaking Functionality

The ZiiP app employs a matchmaking algorithm, facilitating the connection between shippers and contractors willing to serve as couriers. Shippers and contractors, both referred to as customers, interact on the ZiiP mobile application, utilizing matchmaking services for networking purposes.

User Equality

Shippers and contractors hold equal status as users on the ZiiP mobile application, all referred to as customers. Both parties, the shipper and the contractor, are subject to networking fees for utilising matchmaking services, as well as accessing tools, utilities, and other benefits offered by the ZiiP app. These benefits include, but are not limited to, payment handling, documentation, geo-fencing, geo-dynamic routing, earnings histories, and shipping histories.

Acceptance of Terms

By using the Platform or availing any Services, including downloading and installing the Mobile App, you explicitly acknowledge and consent to be bound by these Terms. This agreement encompasses your current use of the Platform and Services, as well as any future amendments or additions to these Terms provided herein.

Modification of Terms

Right to Modify

We retain the right to modify these Terms or any policies related to the Platform or Service at our discretion. Any modifications become effective upon the posting of an updated version of these Terms on the Platform. It is your responsibility to regularly review these Terms for any changes.

User Responsibility

Continued use of the Platform or any Service following any modifications constitutes your consent to such changes. We recommend that you stay informed about any updates by regularly reviewing these Terms.

Accessibility

The Terms of Service will be presented in the mobile application on a "show as needed" basis. Additionally, you can always find them in the account settings menu within the mobile application.

Privacy Policy Acknowledgment

Importance of Privacy Policy

Before utilizing the Platform and Services, it is crucial to thoroughly read our full Privacy Policy. This Privacy Policy is hereby incorporated into these Terms by reference. It governs the treatment of any information, including personally identifiable information, that you submit to us.

User Acknowledgment

By using the Platform and Services, you acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part. We may process such information within the terms outlined in the Privacy Policy.

License Grant, Restrictions, and Copyright Policy

License Grant

Subject to your compliance with these Terms, Commcar grants you a limited, nonexclusive, non-transferable license:

• To view, download, and print any publicly available Ziip content solely for your personal and non-commercial purposes.
• to view any other content on the Ziip Platform to which you are permitted access solely for your personal and non-commercial purposes.

Restrictions

You are prohibited from:

• Using, copying, adapting, modifying, preparing derivative works based upon, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Platform or Service, except as expressly permitted herein.
• Sublicensing the license rights granted in this section.
• Engaging in any acts inconsistent with the principles of copyright protection and fair use, as codified by Canadian and international law, without obtaining the express written consent of Commcar or the copyright owner.
• Distributing, displaying (except as otherwise set forth herein), renting, leasing, transferring, or otherwise transferring rights to, or in any way exploiting, the Platform content, in whole or in part.
• Removing any proprietary notices or labels on the Platform.

User Obligations

By using the Platform and Services, you agree that you:

• Will only use the Platform and Services for lawful purposes.
• Will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
• Will not use the Platform and Services to cause nuisance, annoyance, or inconvenience.
• Will not impair the proper operation of the network.
• Will not try to harm the Platform or Services in any way whatsoever.
• Will provide us with whatever proof of identity we may reasonably request.
• Will only use an access point or data account that you are authorized to use.
• Are aware that when contacting support or engaging in any type of correspondence related to the platform using SMS, standard-messaging charges will apply.

Use of the Mobile App & protection of the Management Website

App Terms and Proprietary Materials

Alongside these Terms, your utilization of the Mobile App or website application is subject to additional terms outlined in the "App Terms":

• Your usage of the Mobile App or website application is contingent upon your acknowledgment of these Terms.
• The Mobile App encompasses copyrighted material, trade secrets, and proprietary content from Commcar and its licensors.
• To safeguard these proprietary materials, you, or a third party acting on your behalf, shall not:
• Decompile, disassemble, or reverse engineer the Mobile App or website application.
• Modify or create derivative works of the Mobile App or website application.
• Employ the Mobile App or website application for service bureau, commercial time-sharing, or other computer services for third parties.
• Transmit the Mobile App or provide its functionality, wholly or partially, over the Internet or any other network (except as expressly permitted above).
• Sell, distribute, rent, lease, sublicense, or transfer the Mobile App to a third party.
• Utilize components of the Mobile App to run applications not running on the Mobile App.

User Responsibilities and Updates

You hereby agree that you will:

• Only use the Mobile App to access and use the Services.
• Not use any software or services in conjunction with the Services.
• Not authorize any third party to access or use the Services on your behalf using any automated process such as a BOT, a spider, or periodic caching of information stored by the Service on your behalf.
• Not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware).
• Not lend, lease, rent, or sublicense the Mobile App.
• Permit us to send and deliver updates to you as part of your use of the Mobile App.
• Allow the Mobile App to automatically download and install updates from time to time, designed to improve, enhance, and further develop the Mobile App.

Access and Device Compatibility

Access to the Services is permissible only through authorized means. It is your obligation to verify that you download the appropriate Mobile App compatible with your device. Commcar holds no responsibility in cases where you lack a compatible device or download an incorrect version of the Mobile App. The termination of these Terms and the App Terms by Commcar is within their right if you employ the Ziip Platform and Services with an unauthorized device.

User Agreement, Representations, and Restrictions

Account Registration and Fees

To utilize the Service, you must create a Ziip account ("Account"). Upon registration, you commit to:

• Furnishing authentic, precise, up-to-date, and comprehensive information about yourself, including any credit card details ("Credit Card").
• Sustain and promptly revise your Account details to ensure accuracy and completeness.
• Examine the fees ("Fees") associated with your utilization of the Services, accessible on the Website and app.
• Grant authorization to Commcar or its third-party service providers to debit your Credit Card for all incurred Fees related to your use of the Services. Provision of inaccurate information may lead to the suspension or termination of your Account.

User Responsibilities and Compliance

You affirm and guarantee to Commcar that you will:

• Safeguard the security of your user identification, password, and other confidential information associated with your Account.
• Preserve the security, confidentiality, and integrity of all messages and content transmitted through or stored on the Platform and Services.
• Bear responsibility for all charges arising from the utilization of your Account, including any unauthorized use, until you provide written notice to us and take measures to thwart any further unauthorized use.
• Adhere to these Terms and all pertinent Canadian and international laws governing your utilization of the Platform and Services.

Additional Representations

You further represent, warrant, and covenant that:

• You are at least 16 years old and have the power and authority to enter into and perform your obligations under these Terms.
• All information you provide, including Credit Card information, is truthful, accurate, and complete.
• You are authorized or have the permission of the authorized signatory of the Credit Card used to pay any Fees.
• Any information or materials you provide do not and will not infringe, misappropriate, dilute, or otherwise violate the intellectual property rights or proprietary rights of any third party.

Safe Shopping

Federal law limits your liability for unauthorized charges to your Account. Commcar will pay up to $50 of your liability if your Credit Card is used fraudulently on the Platform.

Right to Terminate

We retain the authority to conclude, suspend, or limit your Account, these Terms, or the utilization of any or all of the Ziip Platform and Services, without prior notice, for any cause. Commcar shall not bear responsibility for termination resulting from any breach of these Terms.

Customer Insurance Claims

Claims Process:

• Claims must be submitted in writing by the sender within 10 business days from the time of delivery.
• Claims must include order ID, pickup date, description and photo of the damaged product, and the documented replacement dollar value (CAD) of the item(s).

Liability and Insurance Fee

• Commcar is not liable for concealed damages, as customers are responsible for proper packing.
• A delivery signature or photo documentation is considered evidence of intact and undamaged delivery.
• Customers will be charged a $2 insurance fee per delivery, allowing Claims for missing or damaged goods up to $250 per delivery event.

Disclaimer of Warranties

General Disclaimer

Commcar does not assure or guarantee that:

• The use of the Platform will be secure, punctual, continuous, or devoid of errors, or will function seamlessly with any other hardware, application, system, or data.
• The Service or Platform will satisfy your requirements or expectations.
• Any stored data will be accurate or reliable.
• The quality of any products, services, information, or other materials acquired or obtained through the Platform will meet your requirements or expectations.
• Errors or defects in the Service or Platform will be rectified.
• The Platform or the server(s) hosting the Platform are free of viruses or other harmful components.

The Platform is furnished to you exclusively on an "as is" basis. Commcar explicitly disclaims all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent allowed by applicable law. You recognize and consent that the complete risk arising from your utilization of the Platform and Service, as well as any third-party services or products, rests solely with you, to the maximum extent permitted by law.

Internet Delays

The Ziip Platform and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Commcar is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Limitation of Liability

Commcar and its licensors shall not, under any circumstances, be held liable to any party for indirect, punitive, special, exemplary, incidental, consequential, or other damages, including personal injury, loss of data, revenue, profits, use, or any other economic advantage. Commcar and its licensors disclaim any liability for loss, damage, or injury incurred by you, encompassing but not limited to issues arising from the use or inability to use the Platform or Service. This disclaimer extends to any reliance placed by you on the completeness, accuracy, or existence of any advertising, or any relationship or transaction between you and any third-party service provider, advertiser, or sponsor affiliated with the Ziip app, Commcar websites, or products, regardless of whether Commcar or its licensors were previously informed of the potential for such damages.

Indemnification

You commit to defending, indemnifying, and exonerating Commcar, its licensors, as well as their parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys, and agents from any claims, expenses, damages, losses, liabilities, and costs (including attorneys' fees and costs). This pertains to instances involving:

• Your contravention or violation of these Terms or any pertinent law or regulation, regardless of whether mentioned herein.
• Your infringement of the rights of any third party, including Couriers.
• Your utilization or misapplication of the Platform or Service.

Payment, Pricing, and Promotions

Payment Terms:

• Fees are due upon shipment creation and are non-refundable unless prior invoicing arrangements have been made with Commcar, and credit terms have been established.
• Payments must be made in CAD dollars via a valid credit card on file with Commcar.
• Customers with established credit terms will incur a late fee of 5.0% per month or the highest rate allowed by law, whichever is lower, on overdue amounts.
• Accepted payment methods include (a) check (received by Commcar no later than the specified due date), (b) wire transfer, (c) automated clearing house (ACH) transfer, or (d) a valid credit card on file with Commcar.

Pricing:

• Commcar reserves the right to determine final prevailing pricing.
• The pricing information published on the web or in any advertising may not accurately reflect prevailing pricing.
• Fees are subject to change at any time for any reason.

Promotions:

• Commcar may extend promotional offers to some or all customers.
• These offers may feature different features and rates.
• Unless specifically offered to you, these promotions will not alter your existing rates or contracts.

Interactions with Third Parties

Third-Party Engagement

• Engagement with Third-Party Service Providers, Advertisers, or Sponsors:
• In the course of using the Platform, you may interact with third-party service providers, advertisers, or sponsors providing goods and/or services.
• All such interactions and the related terms are solely between you and the respective third party.
• Commcar and its licensors assume no responsibility for any correspondence, purchases, transactions, or promotions between you and third parties.

Endorsement Disclaimer:

• Commcar does not endorse any Internet sites linked through the Platform or resembling Commcar online by name, service description, or logo.
• Commcar and its licensors are not responsible for the content, products, services, or materials available from such sites or third-party providers.

Additional Terms with Third Parties:

• Some third-party providers may impose additional terms and conditions before your use or access to their goods or services.
• Commcar disclaims any responsibility or liability arising from agreements between you and third-party providers.

Advertising and Marketing

Utilisation of Third-Party Advertising:

• Commcar may use third-party advertising and marketing to support the ziip application as well as any other Commcar platforms or services.
• By agreeing to these Terms, you consent to receiving such advertising and marketing.

Information Compilation:

• Commcar may compile and release information about you and your Platform or Service usage on an anonymous basis for customer profiles or analyses.

Precautions in Interactions:

• You are responsible for taking reasonable precautions in all interactions with third parties through the Platform.

Terms of service for shipping with the Ziip App and Platform

Package Size and Weight

Pricing Estimates:

• Our estimates are based on deliveries less than 40 pounds, fitting easily in a passenger car, van, or SUV.
• Maximum size/weight per piece: 24" x 36" x 20" and/ no more than 40 lbs.
• Packages exceeding these limits require additional coordination and may incur extra charges. A shipper may contact support to request special exceptions for package size and weight. In the event a user acting as a personal courier decides to accept a delivery subject to standard pricing that violates the terms of service then that user has accepted the same responsibilities and burden of care of a standard delivery. However, should the size, weight, nature of goods or any other attribute prevent this delivery from successfully being received by the recipient than the contractor may choose to return the parcel to the point of origin and seek to be compensated accordingly by the shipper. A support ticket for such incidents must be raised to Commcar support and will be handled by the Ziip customer support team through the resolution center.

Refusal of Shipment:

• If a shipment doesn't meet the terms of service, the contractor can refuse pickup, and associated charges are non-refundable.

Packages Not Prepared for Shipping:

• If your package isn't ready within 5 minutes of the Courier's arrival, rescheduling may occur, or a cancellation penalty may apply.

Packaging:

• The shipper is responsible for proper packaging.
• Commcar doesn't accept responsibility for damage due to poor packaging.
• Right to refuse improperly packaged products without liability.

Restricted Items and prohibited shipments:

• "Restricted Items" not acceptable for shipment listed.
• Shippers must comply with laws governing restricted items.
• Commcar retains discretion to amend the list.

Dry Ice Shipments and Bio-Medical Materials:

• Dry ice shipments follow IATA regulations, requiring proper marking and labeling.
• Bio-medical materials must comply with local, provincial, and federal laws.

Damages from odours or leaking fluids:

• Packages that emit odors, are wet, or are leaking will not be accepted. The shipper is accountable for any costs incurred due to damage or contamination.

Dangerous Goods Reporting:

• Reporting of improperly declared or undeclared dangerous goods is mandatory.
• Penalties for violations can range up to $500,000 and five years in jail.

Right of Refusal:

Contractors have the right to refuse, hold, or return a package if it may cause harm, violate terms, laws, or jeopardize service to others.

COD Deliveries:

• Commcar and users don't offer Collect on Delivery ("COD") service.
• Asking another user to pay at pickup can result in account suspension or termination.

Client Cancellations:

• Cancellation charges may apply after a contractor accepts a Ziip request.
• Cancellation of a shipment before a contractor acceptance may incur a credit card processing fee up to a maximum of 5% of the original checkout amount.

Commcar Cancellations:

• Commcar reserves the right to cancel an order, refunding funds to the client.

Re-Delivery Attempts:

• After reasonable attempts, undelivered parcels will be returned, incurring additional charges.

Wrong or Re-Routed Addresses:

• Senders are responsible for providing correct destination addresses.
• Photo proof of delivery sent to the shipper and recipient.

Incorrect Shipping Information:

Additional charges may apply for delays due to incorrect shipping information.

Rejection of Delivery:

• Recipient refusal prompts contact with the sender for further instructions.
• Charges may apply for return of refused packages.

Inspection:

• Commcar, or its representatives, agents or contractors may inspect packages at its discretion, with or without prior notice.

Delivery Timelines:

• Geo-fencing, geo-filtering, and geo-dynamics are used to show shipments efficiently.
• Commcar isn't directly responsible for driver efficiency but uses measures to enhance it.

Hours of Operations:

• Ziip operates as a 24-hour matchmaking platform for all users, allowing networking at any chosen time.

Notice

Commcar is committed to efficient communication and recognizes the significance of a digital presence. Notices may be delivered through the following channels:

General Platform Notice:

• Announcements posted on the Platform for broad visibility.

Email Communication:

• Notices sent electronically to your verified email address.

No Physical Mail Correspondence:

• Given the digital nature of our operations, we do not engage in physical mail correspondence.

Definition of Effectiveness:

• General Notice: Upon expiration of 48 hours after posting.
• Email Notice: After 12 hours of sending.

To facilitate effective communication, users are required to have a valid and verified email address linked to their Ziip account during signup. This ensures that important updates and information reach you promptly.

You can reach out to Commcar at any time via email:
Email Address: support@ziip.ca

Electronic Communications

By engaging with any aspect of the Ziip Platform and Networking Services, you are granting consent to receive notifications and electronic correspondences from Ziip. These communications may encompass updates pertaining to your account, insights into the Ziip Platform, and particulars about services acquired on the platform. Through accepting electronic communications, you recognize that any notifications, agreements, disclosures, or additional information delivered electronically by Ziip fulfill the essential legal prerequisites for written communication.

Information Disclosure and Legal Remedies

• Commcar retains the right to disclose your information, including identity, if it becomes essential for investigations or addressing complaints related to your utilization of the Ziip Platform and Services. Such disclosure may be initiated to identify, contact, or take legal action against individuals causing harm to Commcar's rights, property, or fellow users of the ZIIP Platform. In fulfilling legal obligations, Commcar may disclose information to comply with applicable laws, regulations, legal processes, or governmental requests. Information sharing for fraud protection purposes in collaboration with other entities is also within Commcar's rights.
• You recognize that any violation of these Terms by you constitutes an unlawful and unfair business practice, causing irreparable harm to Commcar. Understanding that monetary damages may prove insufficient, you agree to Commcar seeking injunctive or equitable relief, as deemed necessary or appropriate in such circumstances. These remedies supplement any other remedies available to Commcar under law or equity.

Dispute Resolution

• A) These Terms and any dispute arising out of or related to them, the Platform, or Services will be governed by the laws of the Province of Ontario, without regard to conflict of law provisions. You agree that any claim or dispute against Commcar must be exclusively resolved in a provincial or federal court located in Toronto, Ontario, except as otherwise agreed by the parties or described in the Arbitration Option paragraph below. You consent to the personal jurisdiction of the courts in Toronto, Ontario for litigating all such claims or disputes.
• B) For any claim (excluding claims for injunctive or other equitable relief) seeking an award of less than $10,000, the party requesting relief may choose to resolve the dispute cost-effectively through binding non-appearance-based arbitration. If a party opts for arbitration, they will initiate it through an established alternative dispute resolution (“ADR”) provider agreed upon by both parties. The ADR provider and parties must adhere to the following rules: (a) the arbitration will be conducted by telephone, online, and/or based solely on written submissions, with the specific manner chosen by the initiating party; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless mutually agreed; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

Severability

You and Commcar mutually agree that if any part of these Terms or the Privacy Policy is deemed illegal or unenforceable, either in whole or in part, by a court of competent jurisdiction, such provision will be ineffective only to the extent of the determined invalidity or unenforceability within that jurisdiction. This will not impact the validity or enforceability of the provision in any other manner or jurisdiction, and the remaining provisions of the Terms will remain in full force and effect.

Assignment

Commcar retains the right to assign or delegate, in whole or in part, these Terms and the Privacy Policy to any person or entity, at any time, with or without your consent. However, you may not assign or delegate any rights or obligations under the Terms or Privacy Policy without obtaining Commcar’s prior written consent. Any unauthorized attempt to assign or delegate by you will be deemed void and ineffective.

Entire Agreement

These Terms, along with any documents expressly incorporated by reference herein (including the Privacy Policy), constitute the complete understanding between you and Commcar. They supersede all prior understandings, whether electronic, oral, or written, and whether established by custom, practice, policy, or precedent, between you and Commcar concerning the subject matter related to the Platform and Services.

No Waiver

The failure of Commcar to compel strict adherence from you to any provision of these Terms or the Privacy Policy, or the abstention from exercising any right under them, shall not be construed as a waiver or relinquishment of Commcar’s right to assert or rely upon any such provision or right in that or any other instance. Commcar's explicit waiver of any provision, condition, or requirement of these Terms or the Privacy Policy shall not be interpreted as a waiver of any future obligation to comply with such provision, condition, or requirement.

As expressly and specifically outlined in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Commcar will be considered a modification of these Terms or legally binding unless documented in physical writing, hand-signed by you, and a duly appointed officer of Commcar.

Unforeseeable Events

Commcar will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Commcar’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Personal Courier Definitions, Responsibilities and Liability

Definitions

A personal courier is a user who seeks permission to become a contractor for delivering services, a status validated by Commcar upon request.

User Driver Status

• Driver Status:
  • Determines if a user can perform delivery tasks using the mobile application.
• Regular Driver Status:
  • A regular driver status enables a user to serve as a personal courier for shippers on the Ziip platform.
  • Refer to the Contractor's Guide and other Contactor tutorials and documents that are available on ziip.app. Contractor and delivery help can be found in the ziip app application in the settings menu.
• Pro Driver Status:
  • A pro driver status grants a user the ability to act as a personal courier with additional permissions beyond those of a regular driver.
  • Explore the Contractor's Guide in the Ziip application for the specific benefits associated with a pro driver status.
  • The Contractor affirms that they operate as an independently established enterprise providing services, meeting all legal requirements, and possessing the necessary licences and permits for the Contracted Services. As an independent entity, the Contractor bears sole responsibility for determining the operations of their business and executing the Contracted Services.

Vehicle Accidents and Personal Injury

Accidents While Using the Ziip App:

• As a personal courier on the Ziip platform, you understand that the Ziip app is a networking platform connecting drivers that are willing to act as delivery contractors and shippers. In the event of a vehicle accident, you should follow standard procedures, such as contacting the police, your insurance company, and towing services. Any disruption to Ziip-related services should be reported to Commcar promptly.

Injury to Others:

• For incidents involving personal injury, you and the shipper should take appropriate actions following standard legal and safety procedures. Notify Commcar of any disruptions to Ziip-related services due to the incident.

Property Damage and Theft

Damage to Property:

• You acknowledge that, in the event of property damage, standard reporting procedures should be followed. Notify Commcar promptly of any disruptions to Ziip-related services caused by property damage.

Theft:

• In cases of theft, both you and the shipper should take immediate actions, such as reporting the incident to the police and relevant authorities. Inform Commcar of any disruptions to Ziip-related services due to theft.

Handling Shipments

Damage, Loss, or Misplacement of Shipments:

• Both you and the shipper are responsible for handling shipments appropriately. In the case of damage, loss, or misplacement, standard reporting procedures should be followed. Notify Commcar of any disruptions to Ziip-related services due to shipment issues.

Timely Delivery

Commit to delivering shipments promptly. In case of delays, communicate directly with the shipper, and report any unforeseen circumstances affecting delivery times to Commcar.

Privacy

Geo Location Tracking:

• Recognize that Commcar may track your geo-location for networking purposes. This information will be used to suggest and track deliveries while maintaining privacy standards.

Communication with Shippers:

• Shippers may contact you directly through the Ziip app for delivery-related queries. Respond professionally and promptly to any shipper inquiries.

Live Tracking:

• The Ziip app may use live tracking for transparency. Your location information will be treated confidentially, adhering to privacy standards.

Personal Information Handling and Compliance:

• The Contractor is authorized to process Personal Information solely for the duration of this Agreement or until otherwise instructed by Commcar. In the event that a Ziip user retains any Personal Information, the user must expeditiously delete an individual's Personal Information from the user's records upon request by Commcar. Commcar reserves the right to take reasonable and appropriate measures to ensure that all users handle Personal Information in a manner consistent with Commcar's obligations under applicable privacy laws. Users are obligated to promptly inform Commcar if, at any time, they determine that they can no longer fulfill their obligations concerning Personal Information or applicable privacy laws. Upon notification to a user, Commcar may take any reasonable and appropriate steps to cease and remedy the unauthorized use of Personal Information. Upon Commcar's reasonable request, any user shall provide Commcar, its agents, or representatives with all necessary information in the user's possession to demonstrate compliance with all obligations under this Agreement and applicable privacy laws. Commcar retains the right to monitor a user's compliance with this Agreement through any measures deemed appropriate by Commcar or its legal representatives.

Onboarding and Document Verification

Contractor Onboarding:

• During onboarding, users are required to provide driver's license information, auto insurance details, and answer screening questions about their driving record and skills.

Third-Party Validation:

• Commcar utilizes a third-party validation company to verify driver's license information and conduct criminal background checks before enabling the ability to accept deliveries.

User Responsibility:

• Users must provide truthful and accurate information during onboarding. The responsibility lies with the user to maintain accurate records and documents, which can be updated in the account settings under the documents menu.

Change in Status:

• Commcar cannot be held accountable if a contractor passes driver validation and later experiences a change in status (e.g., failure to update auto insurance). Users must proactively manage and update their information to ensure accuracy.

Payments sent to Users

Earnings Model:

• Commcar will compensate users for all completed delivery services based on a publicly available pay model, as detailed in the Ziip app. Commcar reserves the right to adjust or withhold payment if there is a reasonable belief of fraudulent or abusive behaviour by the user. Additional opportunities to earn more may be presented to users at specified times or locations, subject to negotiation.

Tips:

• Users may receive gratuities from Consumers, either through the Ziip app or in cash.

Payment Processing:

• Commcar processes payments made by Consumers or Merchants on the Ziip Platform for contracted services provided by users. Users can select their payment options, view applicable terms, and eligibility restrictions within the app. Users are responsible for accurate bank account information for timely payments. In some circumstances processing fees may be incurred by the user.

Third-Party Processors:

• If users enter into a separate contract with a third-party processor for payment processing, Commcar will fund the amounts payable, directing the third-party processor to make payments to users. Users are responsible for resolving any issues with the third-party processor after Commcar has fulfilled its payment obligations. All processing fees associated with third party processors may be deducted from the users payments.

Cash-Based Opportunities:

• Users may be offered cash-based service opportunities. Earnings from these opportunities, including the order subtotal, will be deducted from the user's Ziip app balance. Users are responsible for tracking, reporting, and paying taxes on tips received from cash-based opportunities.

PAYMENT DISPUTES

Service Failure:

• In case of a service failure, users may not be entitled to payment, subject to Commcar's reasonable discretion. Any payment withholding will be based on evidence from all relevant parties. Users can challenge Commcar's determination through legal means, following notification to Commcar.

Commcar's Payment Failure:

• If Commcar fails to remit payment in a timely or accurate manner, users have the right to seek proper payment through legal means. Users must inform Commcar in electronic communications, providing a reasonable opportunity for Commcar to address the issue before pursuing legal action.

Contact Commcar

If you have any questions or concerns about these Terms, please contact Commcar Support via email at:

Email: support@ziip.ca](mailto:support@ziip.ca)

Subject Line: Attn: Legal Dept. (to protect your privacy and ensure a reasonable response time)